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    • Good luck today, TD. Please let us know how it goes. HB
    • That is different to my PCN issued by Highview. I am not by any means an expert so I would leave it to the experts to check what I say and maybe delete this if it is not helpful. My thoughts on this are In the PoC they state you are liable as Driver or Keeper. Firstly, I would challenge that .... are they pursuing you as Driver or as Keeper? They don't know who the driver is, as stated on the NTK and, they don't know if you didn't tell them, so I would think that they can not pursue you as the driver. The NTK is not fully compliant with POFA 2012 as LFI stated but specifically, and correct me if I am wrong, Section 9 [2][f] states that:   Section 9 (2) The notice MUST— (f) warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i) the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii) the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;   All the applicable conditions under this Schedule (Schedule 4) are NOT met, specifically warning the keeper as in (f) .... As far as I can see, the creditor has NOT warned the keeper on the NTK, as they MUST do in accordance with S9 [2](f). So, as far as I can see that prohibits them from having the right to recover from the keeper.   I put it to you M'Lord, given the facts stated, the creditor does not have grounds to pursue the Driver, nor the Keeper!! 😂🤣😂 Maybe that's why you've not heard from the courts, what does it say on MCOL ?
    • at the time, if both owners signed a voluntary charge it can not be a restriction k.  but it looks like one? as above ..... if you re mortgage with the same lender is doesn't need paying if you re mortgage with a new lender then most probably you will have to settle it.
    • The move comes after Tesla reported a sharp fall in its deliveries in the first three months of 2024.View the full article
    • please dont post up unredated court docs!! done now... it looks like: you paid for then cancelled a PC from mac group ltd however the PC still got delivered but not to you. you got issued a court claim but totally ignored it. DCBL HCEO Bailiffs attempted to enforce the CCJ...they failed..you had moved. The Claimant was Granted Permission by the Court to Serve A Statutory Demand and latterly did so. you had attempted to set aside the Original CCJ but failed to attend it's hearing and it got struck out you subsequently have have received a statutory demand for the CCJ sum. you applied to set that aside there was a hearing on 18th Apr which you did not attend. ...............   not quite sure but i think thats the story. ............. same as your other thread.. stop worrying about the house.. you ought to deal with this at some point as if the claimant does go for and manage to you BK. it might not be good. have a think about things , it might pay you to look toward putting an N245 variation to the court and offer a very low £PCM to the court, esp if you have little to no income etc like on benefits/pensioner etc...you might even get it all done for free as there is a small charge for the N245 process.        
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Sold Coat Via Vinted, Buyer says Damaged, Vinted say Refund, Returned Coat poss not one i sent!! - Swapped?? - want to raise court Claim But Who's the Defendant - Both?


sb1986

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I have sold an item and buyer claimed that it was damaged on arrival.

I suspected a scam swap out for their old item but Vinted forced I accept the return.

I have taken comparison photos and the coat has been swapped out - no damage in my original photos and the label at the neck is stitched in a slightly different direction.

Vinted refuse to acknowledge the item returned is not the same one I sent out, first they said because I accepted the return there is nothing they can do.

When I challenged that I have messages from them forcing I accept the return or the buyer will be refunded and advise to compare the item when it was returned it has now switched to the packaging was not good enough and that caused the damage. 

I am proceeding to small claims, emailed them a letter before action giving 14 days - its the principle right now more than the money. 

I then remembered I have the buyers name and address from downloaded postage label and have also sent her a letter before action.

My question is

am I able to make one claim with both the buyer and vinted as the defendants or does this complicate things too much?

I am not sure if it will be clear who is liable if I do both but from my perspective its the buyer for the scam but also vinted for refunding her without acknowledging my concern then saying its too late as she has already been refunded. 

Issue has been reported to action fraud

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  • dx100uk changed the title to Sold Coat Via Vinted, Buyer says Damaged Vinted Refunded, Returned Coat poss not one i sent!! - Swapped?? - want to raise court Claim But Who's the Defendant - Both?

have vinted actually refund the buyer yet?

dx

thread title updated moved to online forum

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to Sold Coat Via Vinted, Buyer says Damaged, Vinted say Refund, Returned Coat poss not one i sent!! - Swapped?? - want to raise court Claim But Who's the Defendant - Both?

Hi,

yes they refunded the buyer as they said the damage is the same as she claimed on arrival.

I suspended the transaction by raising an issue as they told to me to if I suspected fraud, then they refunded her pretty much straight away.

They also deleted the message I sent in the trail of the item which I found strange where I accused her of being a scammer.

I've screenshot everything else now for evidence. 

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Given Vinted Refunded them I would say this would be a claim against the buyer.

Since the buyer got their money and your item, its them that needs to pay up. Vinted haven't gained anything here.

Also I highly expect vinteds registered address is just an accountancy firm, so enforcing any judgement would be hard.

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are you actually out of pocket ? did vinted suck the money from your card or bank account?

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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